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The Chief Inspector of the Bureau of Fire Prevention shall inspect, or cause to be inspected by any Inspector of the Bureau of Fire Prevention, all buildings and premises, except the interiors of private dwellings, as often as may be necessary for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or any violations of the provisions or intent of this Fire Prevention Code and to insure compliance in all places of assembly with all laws, regulations and orders relating to overcrowding, use of materials, maintenance of exit ways, and maintenance of fire alarm detecting systems, and fire extinguishing systems and appliances.
(1977 Code Sec. 27.19)
(a) Correction Orders. Whenever any officer, member or Inspector of the Bureau of Fire Prevention finds, upon investigation, that the owner of any property or occupant of any structure or building has not complied with the rules and regulations as provided in the Fire Prevention Code or any statute or other provision of law as provided in this Fire Prevention Code relating to fire prevention, or whenever any officer, member or Inspector of the Bureau of Fire Prevention finds in any building or upon any premises, dangerous or hazardous conditions as follows:
(1) Dangerous or unlawful amounts of combustible or explosive matter;
(2) Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive matters;
(3) Dangerous accumulations of rubbish, wastepaper, boxes, shavings or other highly inflammable materials;
(4) Accumulations of dust or waste material in air conditioning systems or of grease in kitchen exhaust ducts;
(5) Obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operation of the Fire Department or egress of occupancy in case of fire; or
(6) Any building or other structure, which for want of repairs, lack of sufficient fire escapes or other exit facilities, automatic or other fire alarm apparatus where fire extinguishing equipment, or by reason of age or dilapidated condition, or from any other cause, creates a fire hazard, the Chief Inspector shall, with the approval of one other member of the Bureau of Fire Prevention, order, after due notice and hearing, that improvement or changes be made and that such equipment be provided as will comply with all regulations or provisions of law relating to fire prevention.
The Chief Inspector shall fix the date upon which such hearing shall be held in the City building, and shall specify in the notice, by registered mail, the alleged violations of the regulations or provisions of this Fire Prevention Code relating to fire prevention. Within a reasonable time after such hearing the Chief Inspector shall enter his order in the premises and shall furnish each owner or occupant with certified copies of his order stating therein when his orders shall take effect or be complied with.
(b) Applicability of Orders of Chief Inspector. If buildings or other premises are owned by one person and occupied by another under lease or otherwise, the orders issued in connection with the enforcing of this Fire Prevention Code shall apply to the occupant thereof, except where the rules or orders require the making of additions to or changes in the premises themselves, such as would immediately become real estate and be the property of the owner of the premises; in such cases the rules or orders shall affect the owner and not the occupant unless it is otherwise agreed between the owner and the occupant.
(c) Service of Orders. The service of such orders as mentioned in this section may be made on the owner, occupant or other persons responsible for the conditions there existing either by delivering a copy of the order personally or by delivering it to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the front door to the entrance to the premises. Whenever it may be necessary to serve such an order upon the owner of the premises such order may be served either by delivering to and leaving with him a copy of the order, or, if such owner cannot be found within the City, then by mailing such copy to the owner's last known post office address, return receipt requested.
(d) Judicial Review. The action of the Chief Inspector of the Bureau of Fire Prevention, as set forth in his order referred to in this section shall be subject to review by the Circuit Court of the County. Petition for such review shall be filed by any person aggrieved by such order within a period of thirty days after the effective date of such order. The Chief Inspector shall forthwith file a copy of all records pertaining to such matter with the Circuit Court.
(e) Enforcement in Circuit Court. When the Chief Inspector of the Bureau of Fire Prevention has issued an order in the manner provided in this section, and such order has not been complied with within the time specified therein, he shall have authority to proceed by proper petition in the Circuit Court of the County for the purpose of compelling compliance with his order or the closing of the property in question.
(1977 Code Sec. 27.20)
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